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Litigation case comes to an end after more than 20 years

  • Netherlands

    22-03-2021

    Our Amsterdam-based team achieves successful court ruling for real estate client

    On Wednesday 17 March 2021, we achieved a successful court ruling for one of our Dutch real estate clients, a well-established project developer in the Amsterdam region, awarding more than EUR4m in compensation for planning damages.

    In 1997, our client acquired nine hectares of land in the Municipality of Lelystad. After many years of consecutive planning decisions, our client was ultimately denied compensation for planning damages by the municipality.

    After more than 20 years of litigation, including five years of extensive administrative litigation by the firm, the Administrative Jurisdiction Division of the Council of State ruled that the Municipality of Lelystad wrongly denied our client compensation for planning damages and must pay more than EUR4m in compensation for planning damages. This is a fantastic result for our client and also the firm, particularly due to the fact that planning damages are often denied in the Netherlands.

    Our team was led by Partner Natascha Geraedts and Associate Christine Strating, both based in Amsterdam.

    Natascha Geraedts commented:

    “This highly anticipated ruling is unique in the Netherlands. It is very rare that planning damages are granted, as legal requirements are strict. It is even more rare given the multi million euro amount in planning damages that has been awarded. We are delighted that the Council of State ruled in favour of our client and decided to increase the already high amount of planning damages that was granted by the District Court. It shows that our capabilities within planning and zoning combined with our strong administrative litigation practice pays off. We want to thank our client for putting its trust in our hands and never losing faith in achieving a fair and positive outcome. This result further demonstrates our expertise and knowledge in the market."

     

    Natascha Geraedts, Partner

    This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.

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